Ban on diesel cabs in city not implemented against all, HC told

Delhi High Court has been told that its order upholding a ban on diesel cabs providing point-to-point service in the city was being implemented only against Ola while other app-based taxi services were violating it with impunity.

The court in its August 11 order had also said that Ola, operated by ANI Technologies Ltd, was “factually incorrect” to contend that non-CNG commercial vehicles like diesel cabs were not barred from plying in Delhi.

Delhi High Court has been told that its order upholding a ban on diesel cabs providing point-to-point service in the city was being implemented only against Ola while other app-based taxi services were violating it with impunity.

The submission was made before a bench of Chief Justice G Rohini and Justice Rajiv Sahai Endlaw by an association of radio taxi operators which has contended that “the court’s direction was qua all app-based cab companies, but was being implemented against only one”.

The court, however, did not issue any directions as the counsel for Delhi government was not present and deferred the matter to October 5.

The bench was hearing a plea by Association of Radio Taxis which has alleged that despite the high court’s orders of July 29 and August 11 upholding the ban on diesel cabs providing point-to-point service within the national capital, app-based services were still operating here.

The court in its August 11 order had also said that Ola, operated by ANI Technologies Ltd, was “factually incorrect” to contend that non-CNG commercial vehicles like diesel cabs were not barred from plying in Delhi.

It had also said the contention by Ola, an online cab service aggregator, was “misplaced” that as per Supreme Court orders, taxis only needed to be Euro-II compliant.

Delhi government had on January 1 banned the operation of app-based cab services till they complied with the guidelines of Radio Taxi Scheme of 2006, which was amended on December 26 last year. The scheme was amended after a woman executive was allegedly raped in an Uber cab in December last year.

The January 1 order was challenged by Ola before the high court, which on July 29 had passed an interim order upholding Delhi government’s decision.

In its writ petition challenging the January 1 order, Ola had contended that it was not amenable to Delhi government’s modified Radio Taxi Scheme as cabs contracted by it have All India Tourist Permits (AITPs) and, thus, it did not need to apply for licence to operate in the city.

Thereafter, on September 3, Ola had told the court that its diesel taxis will no longer run services within Delhi and would be restricted to inter-city travel only.